Patna High Court - Orders
Mahakant Yadav vs The State Of Bihar on 22 February, 2023
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32408 of 2022
Arising Out of PS. Case No.-15 Year-2022 Thana- RAJNAGAR District- Madhubani
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1. Mahakant Yadav Son Of Late Yadu Yadav R/O Village- Pilakhwar, P.S.-
Rajnagar, District- Madhubani
2. Kameshwar Yadav Son Of Sodhan Yadav R/O Village- Pilakhwar, P.S.-
Rajnagar, District- Madhubani
3. Kamlesh Yadav Son Of Guneshwar Yadav R/O Village- Pilakhwar, P.S.-
Rajnagar, District- Madhubani
4. Guneshwar Yadav Son Of Late Bankatu Yadav @ Kameshwar Yadav R/O
Village- Pilakhwar, P.S.- Rajnagar, District- Madhubani
5. Nandi Yadav Son Of Late Yadu Yadav R/O Village- Pilakhwar, P.S.-
Rajnagar, District- Madhubani
6. Ram Sundar Yadav Son Of Late Yadunandan Yadav R/O Village- Pilakhwar,
P.S.- Rajnagar, District- Madhubani
7. Khakhan Yadav Son Of Late Yadunandan Yadav R/O Village- Pilakhwar,
P.S.- Rajnagar, District- Madhubani
8. Prabhu Yadav Son Of Sodhan Yadav R/O Village- Pilakhwar, P.S.- Rajnagar,
District- Madhubani
9. Ram Chandra Yadav Son Of Sodhan Yadav R/O Village- Pilakhwar, P.S.-
Rajnagar, District- Madhubani
10. Ranjan Yadav Son Of Dani Lal Yadav R/O Village- Pilakhwar, P.S.-
Rajnagar, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Gagan deo Yadav, Advocate
Mr. Rajesh Kumar, Advocate
Mr. Udeshya Kumar Yadav, Advocate
Mr.Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P
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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
5 22-02-2023Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Patna High Court CR. MISC. No.32408 of 2022(5) dt.22-02-2023 2/4 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The learned counsel for the petitioners has submitted that the petitioner No. 5 and 6 have already been arrested by the police during the pendency of this application.
Accordingly, this anticipatory bail application of petitioner No. 5 and 6 is dismissed as withdrawn.
The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 147, 148, 149, 341, 504, 506, 323, 324, 325, 326, 307, 427, 379 and 302 of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution case, the petitioner and the co- accused persons along with 20-25 unknown persons armed with deadly weapons came there by abusing and attacked. Upon the exhortation to kill made by the co-accused Bhageshwar Yadav and the petitioner Ram Sundar Yadav, co-accused Danilal Yadav and Ranjan Yadav fired which hit below the chest of the informant's elder brother Deonandan Yadav. They also assaulted other family members with lathi, danda, farsa and bhala causing injuries. Guneshwar Yadav and Kamlesh Yadav assaulted on the shoulder of the informant with intent to kill. Nandi Yadav and Mahakant Yadav also assaulted Mistri Lal Yadav causing head injury. Ram deo Yadav sustained bhala injury on his leg. The petitioner Prabhu Yadav inflicted blow of Patna High Court CR. MISC. No.32408 of 2022(5) dt.22-02-2023 3/4 bhala on the eyes and nose of Pappu Yadav. The injured Deonandan died during the course of treatment.
Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioner No. 7 and 8 have no criminal antecedent wherein the petitioner No. 4 and 9 are accused in four other criminal cases, the petitioner No. 3 is accused in three other criminal cases, the petitioner No. 2 and 10 are accused in two other criminal cases and the petitioner No. 1 is accused in one more criminal case as stated in para 3 of the bail petition . The injuries of the injured are simple in nature. There is no injury on the injured Pappu Yadav. Ramdev Yadav and Ram Kumar Yadav sustained grievous injury on non-vital part of the body. There is enmity between the petitioners and the informant's family. The specific allegation of firing is against co-accused Dani Lal Yadav and Ranjan Yadav.
Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer of anticipatory bail of the petitioners by submitting that the petitioners have got criminal antecedent. It is further submitted that the injury of Ram Kumar Yadav and Ramdev Yadav is grievous in nature which is caused by hard and blunt substance.
Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their Patna High Court CR. MISC. No.32408 of 2022(5) dt.22-02-2023 4/4 arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Rajnagar P.S. Case No. 15 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with a condition:-
1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond .
This application stands allowed.
(Chandra Prakash Singh, J) atul/-
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